Mohinder Kaur vs State Of Punjab on 25 April, 2013

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Punjab-Haryana High Court

Mohinder Kaur vs State Of Punjab on 25 April, 2013

Bench: Ram Chand Gupta

CRM No.M-3463 of 2013                                                       -1-




       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH


                                     Crl. Misc. No. M- 3463 of 2013(O&M)
                                             Date of Decision: April 25, 2013.

Mohinder Kaur
                                                    ...... PETITIONER(s)

                                    Versus

State of Punjab
                                                    ...... RESPONDENT (s)


CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA


Present:     Mr. G.S.Verma,
             Advocate, for the petitioner.

             Mr. P.S.Paul, DAG, Punjab.
                         *****


RAM CHAND GUPTA, J.(Oral)

The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.12 dated 25.11.2012, under Sections 363/366A IPC, registered at police station City-II, Mansa, District Mansa.

I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Mansa dismissing bail application filed on behalf of the petitioner.

CRM No.M-3463 of 2013 -2-

It has been contended by learned counsel for petitioner-accused that petitioner is mother of Kashmir Singh and that prosecutrix -Parveen Kumari performed marriage with Kashmir Singh with her own free will. It is also contended that both of them were major at the time of marriage and age of prosecutrix, as per Matriculation certificate, was 22 years. It is also contended that both of them had filed a petition before this Court seeking protection of their life and liberty. It is further contended that petitioner has been implicated in this case being mother of main accused -Kashmir Singh and however, she was having no role in performing the marriage of her son with prosecutrix and that she has been continuing in custody since 25.11.2012.

This factual position has not been disputed by learned counsel for the State, on instruction from ASI Kuldip Singh.

There are no allegations on behalf of the State that petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Mohinder Kaur is allowed.

Bail to the satisfaction of CJM/Duty Magistrate, Mansa.

( RAM CHAND GUPTA ) April 25, 2013. JUDGE 'om'

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